[HISTORY: Adopted by the Board of Trustees of the Village of LeRoy 1-23-1978
by L.L. No. 1-1978. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 78.
Fire prevention — See Ch. 106.
Grass and weeds — See Ch. 120.
Historic preservation — See Ch. 124.
Noise — See Ch. 142.
Abandoned refrigerators — see Ch. 161.
Sewers — See Ch. 168.
Solid waste — See Ch. 172.
Subdivision of land — See Ch. 180.
Abandoned or junked vehicles — See Ch. 197.
Zoning — See Ch. 215.
This chapter shall be known as the "Minimum Housing Standards of Village
of LeRoy Applicable to Residential Premises."
The purpose of this chapter is to provide basic and uniform standards,
in terms of performance objectives implemented by specific requirements, governing
the condition, occupancy and maintenance of residential premises, and establishing
reasonable safeguards for the safety, health and welfare of the occupants
and users thereof.
A.
This chapter shall apply to residential premises as follows:
(1)
Lots, plots or parcels of land on which residential buildings,
buildings of mixed occupancy or accessory structures are located.
(2)
Residential buildings, including one- and two-family
dwellings and multiple dwellings.
(3)
Residential occupancies in buildings of mixed occupancy.
(4)
Accessory structures.
(5)
Efficiency apartments.
B.
Every portion of a building, accessory structure or premises,
used or intended to be used for any dwelling purposes, shall comply with the
provisions of this chapter, irrespective of when such a building shall have
been built, altered or repaired.
Where a provision of this chapter is found to be in conflict with a
provision of a zoning, building, electrical, plumbing, fire, safety, health,
water supply or sewage disposal law or ordinance, or regulation adopted pursuant
thereto, or other local law, ordinance, code or regulation, the provision
or requirement which is the more restrictive or which establishes the higher
standard shall prevail.
Installations, alterations and repairs to residential premises, and
materials, assemblies and equipment utilized in connection therewith, shall
be reasonably safe to persons and property and in conformity with applicable
statutes of the State of New York and orders, rules and regulations issued
by authority thereof. Conformity of such work, materials, assemblies or equipment
with the applicable requirements of the New York State Building Construction
Code[1] shall be prima facie evidence that the same is reasonably safe
to person and property.
[1]
Editor's Note: The State Fire Prevention Code was superseded
by the New York State Uniform Fire Prevention and Building Code, effective
1-1-1984. See Art. 18 of the Executive Law.
Terms used in this chapter have the following meanings:
A structure, the use of which is incidental to that of the residential
building, and which is located on the same premises. Such accessory structures
shall include but shall not be limited to garages, barns, sheds, porches,
workshops, breezeways, hothouses or greenhouses, covered terraces on patios,
permanent-type awnings, fences of wood or metal, carports.
A use, occupancy or tenancy customarily incidental to the principal
use or occupancy of a residential building. Such accessory uses may include
among others, the following:
Offices for the building management.
Dining rooms, banquet rooms, public kitchens and ballrooms.
Recreation and play rooms.
Laundries for the use of tenants and occupants, and in connection with
the management and operation of a residential building.
Maintenance and work shops, storage rooms for linen, bedding, furniture,
supplies and tenants' equipment and effects.
Rooms or space for the incidental sale or display of merchandise to
occupants and tenants, such newspaper, candy and cigar stands.
Garages within a residential building or on the premises thereof used
primarily for the storage of passenger-type motor vehicles.
Approved by the administrative officer under the regulations of this
chapter or approved by an authority designated by law or this chapter.
That space of a building that is partly below grade, which has more
than half its height, measured from floor to ceiling, above the average established
curb level or finished grade of the ground adjoining the building.
Enclosed space containing one or more bathtubs or showers or both
and which may also contain water closets, lavatories or fixtures serving similar
purposes.
A structure wholly or partially enclosed within exterior walls, or
within exterior or party walls, and a room, affording shelter to persons,
animals or property.
That space of a building that is partly or entirely below grade,
which has more than half of its height measured from floor to ceiling, below
the average established curb level or finished grade of the ground adjoining
the building.
Building containing not more than one dwelling unit, occupied exclusively
for residential purposes.
Building containing not more than two dwelling units, occupied exclusively
for residential purposes.
One or more rooms with provision for living, cooking, sanitary and
sleeping facilities arranged for the use of one family.
A way of departure from the interior of a building or structure,
to the exterior at street or grade, including doorways, passageways, hallways,
corridors, stairways, ramps, fire escapes and all other elements necessary
for egress or escape.
A household constituting a single housekeeping unit occupied by one
or more persons.
A specification, code, rule, guide or procedure in the field of construction
or related thereto, recognized and accepted as authoritative and in conformity
with the New York State Building Code[1] and such other codes adopted by the Village of LeRoy.
Natural surface of the ground or surface of ground after completion
of any change in contour, abutting building or premises.
Space occupied by one or more persons for living, sleeping, eating
or cooking. Kitchenettes shall not be deemed to be habitable space. (See definitions
of "nonhabitable space," "public space" and "exit.")
The presence within or contiguous to a dwelling, dwelling unit, lodging
house, lodging unit or premises, of insects, rodents, vermin or other pests.
Space, 60 square feet or more in floor area, with a minimum width
of five feet, used for cooking or preparation of food.
Space, less than 60 square feet in floor area, used for cooking or
preparation of food.
A multiple dwelling used primarily for the purpose of furnishing
lodging, with or without meals, for compensation.
A room or group of rooms forming a single habitable unit, used or
intended to be used for lodging.
Occupancy of a building in part for residential use and in part for
some other use not accessory thereto.
A building:
Containing three or more dwelling units.
Containing living, sanitary and sleeping facilities occupied by one
or two families and more than four lodgers residing with either one of such
families.
With one or more sleeping rooms, other than a one- or two-family dwelling,
used or occupied by permanent or transient paying guests or tenants.
With sleeping accommodations for more than five persons used or occupied
as a club, dormitory, fraternity or sorority house, or for similar uses.
Used or occupied as a convalescent, old-age or nursing home but not
including private or public hospitals or public institutions.
See definition of "multiple dwelling."
Space used as kitchenettes, pantries, bath, toilet, laundry, rest,
dressing, locker, storage, utility, heater and boiler rooms, closets, and
other spaces for service and maintenance of the building, and the spaces used
for access and vertical travel between stories. (See definitions of "habitable
space," "public space" and "exit.")
Any person over one year of age, living, sleeping, cooking or eating
in, or having actual possession of, a dwelling unit or rooming unit.
Any person who has charge, care or control of a multiple residence
or rooming house, in which dwelling units or rooming units are let or offered
for occupancy.
Owner, or owners of record of the freehold of the premises or lesser
estate therein, a mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee or other person in control of a building.
The water supply system, the drainage system, the vent system, fixtures
and traps, including their respective connections, device and appurtenances
within the property lines of the premises.
Water which is approved for drinking, culinary and domestic purposes.
Space within a residential building for public use, such as lobbies,
lounges, reception, ball, meeting, lecture and recreation rooms, banquet and
dining rooms and their kitchens and swimming pools.
Liquid waste containing animal or vegetable matter in suspension
or solution and which may include industrial wastes and liquids confining
chemicals.
An assembly of materials, forming a construction framed of component
structural parts for occupancy or use, including buildings.
Enclosed space, containing one or more water closets, which may also
contain one or more lavatories, urinals and other plumbing fixtures. (See
definition of "bathroom.")
Supply and removal of air to and from a space by natural or mechanical
means.
Ventilation by power-driven devices.
Ventilation by opening to outer air through windows, skylights, doors,
louvers or stacks with or without wind-driven devices.
[1]
Editor's Note: The State Fire Prevention Code was superseded
by the New York State Uniform Fire Prevention and Building Code, effective
1-1-1984. See Art. 18 of the Executive Law.
A.
Buildings occupied in whole or in part, as defined in
this chapter, shall comply with the requirements hereinafter set forth concerning
occupancy size, light and ventilation in order to provide safe and healthful
environment.
B.
The term "accessory use" shall have a uniform meaning
and shall apply in the same manner and under the same conditions or restrictions
to all residential buildings.
Buildings for the purpose of this chapter shall be classified in respect
to their occupancies as follows:
A.
One- and two-family dwellings: buildings containing one
or two dwelling units with less than four lodgers residing with a family in
either one of such dwelling units.
B.
Multiple dwellings:
(1)
Buildings containing one or two dwelling units with more
than four lodgers with a family in either one of such dwelling units.
(2)
Buildings containing three or more dwelling units.
(3)
Apartment houses and apartment hotels.
(4)
Lodging houses.
(5)
Buildings with sleeping accommodations for more than
five persons used or occupied as a club, dormitory, fraternity or sorority
house or for similar uses.
(6)
Garden apartments.
C.
Accessory structures: garages, carports and similar type
structures on residential premises.
A.
In dwelling units, the maximum number of occupants shall
be limited to the number determined on the basis of the floor areas of habitable
rooms, other than kitchens, as follows: one occupant per room having floor
area of at least 80 but less than 120 square feet; two occupants per room
having floor area of at least 120 but less than 180 square feet; and three
occupants per room having floor area of 180 or more square feet.
B.
In lodging units, the maximum number of occupants shall
be limited to the number determined on the same basis as for dwelling units.
C.
In buildings occupied as clubs, dormitories, sorority
or fraternity houses and providing sleeping accommodations for more than five
persons, the maximum number of occupants so accommodated in any habitable
room shall be limited to the number determined on the basis of the floor area,
in square feet, of the room divided by 50 square feet per occupant.
It is prohibited to:
A.
Use for sleeping purposes any kitchen, nonhabitable space
or public space.
B.
In lodging houses, use for dining purposes any communal
kitchen containing less than 100 square feet of floor area or any nonhabitable
space or public space other than dining space.
C.
Prepare or eat meals in lodging units.
D.
Use any cellar space as habitable space.
A.
Height. Habitable space shall have a minimum ceiling
height of seven feet six inches over 50% of the floor area, and the floor
area where the ceiling height is less than five feet shall not be considered
in computing floor area.
B.
Area. A dwelling unit shall contain at least one habitable
room having a minimum of 150 square feet of floor area and a minimum horizontal
dimension of 10 feet.
C.
Kitchens. Kitchens shall have a minimum of 60 square
feet of floor area, and other habitable spaces shall contain not less than
80 square feet of floor area and shall have a minimum horizontal dimension
of seven feet.
D.
Alcoves. Every alcove less than 60 square feet in area,
except a cooking space or foyer, shall be deemed to be part of a habitable
room. The area of the opening in the dividing partition between the alcove
and the room shall be at least 80% of the wall area of such partition, measured
in the alcove side, but not less than 40 square feet. The depth of such alcove
shall not exceed half its width. The floor area of the alcove shall be added
to the floor area of the room in determining light and ventilation requirements
for the room, but less than the required area of a habitable room, shall be
separately lighted and ventilated as required for habitable space.
Basements shall not be deemed habitable space where required windows
are located only on one wall and the depth of the basement space exceeds four
times its clear height.
A.
Natural light. Habitable space shall be provided with
natural light through one or more windows, skylights, transparent or translucent
panels, or any combinations thereof, that face directly on legal open spaces
at least six inches above the adjoining finished grade or are above a roof.
The amount of light shall be equivalent to that transmitted through clear
glass equal in area to 10% of the floor area of the habitable space.
B.
Artificial light. Habitable space shall be provided with
artificial light.
C.
Natural ventilation. Habitable space shall be provided
with natural ventilation through openable parts of windows or other openings
in exterior walls that face legal open spaces above the adjoining finished
grade or above a roof, or through openable parts of skylights, providing total
clear ventilation area equal to not less than 5% of the total floor area of
each habitable space.
D.
Mechanical ventilation. Habitable space may also be provided
with mechanical ventilation in addition to natural ventilation.
A.
Dwelling units shall be separated from each other and
from other spaces outside the dwelling units.
B.
Sleeping rooms within dwelling units shall be separated
from each other and from other spaces outside the sleeping rooms to provide
privacy.
C.
Lodging units shall be separated from each other and
from other spaces outside the lodging units.
D.
A communal kitchen or dining room in a lodging house
shall be accessible to the occupants sharing such kitchen or dining room without
going through a dwelling unit or lodging unit of another occupant.
A.
Height. Public space shall have a minimum height of seven
feet six inches measured from finished floor to finished ceiling.
B.
Light and ventilation.
(2)
In public stairs, stairways and passageways artificial
light shall be electric lighting available at all times so as to afford safe
passage for occupants and users. Such lighting shall conform to the following:
(a)
A sufficient number of fixtures shall be provided so
that the distance between fixtures is not more than 30 feet and so that no
wall is more than 15 feet distant from a fixture.
(b)
Incandescent lighting shall be based on not less than
1/4 watt per square foot of floor area, except that each fixture shall have
a lamp or lamps with a total of not less than 25 watts.
(c)
Fluorescent lighting shall be based on not less than
1/10 watt per square foot of floor area, except that each fixture shall have
a lamp or lamps of a total of not less than 15 watts.
(d)
Where under these formulas the calculated wattage does
not correspond to that of a standard lamp, the next larger size shall be used.
(3)
Public spaces shall be provided with either natural ventilation,
conforming to the requirements for habitable space, or with mechanical ventilation.
A.
Height. Nonhabitable space, except closets, storage,
heater and boiler rooms, crawl spaces and attics, in multiple dwellings shall
have a minimum height of seven feet measured from floor to ceiling.
B.
Toilet rooms and bathrooms.
(1)
Toilet rooms and bathrooms in one- and two-family dwellings
shall have provisions for privacy.
(2)
Toilet rooms and bathrooms for dwelling units in multiple
dwellings shall be located within the dwelling units and shall be accessible
from any sleeping room without passing through any other sleeping room.
(3)
All dwelling units shall have toilet rooms and bathrooms.
(4)
Toilet rooms for employees in multiple dwellings shall
be in separate rooms for each sex where there are five or more employees and
shall not open directly into any public kitchen or other public space used
for the cooking or preparation of food.
(5)
In one- and two-family dwellings, bathrooms and toilet
rooms shall be provided with floors of moisture-resistant material.
(6)
In multiple dwellings, floors of bathrooms, toilet rooms
and similar spaces shall be waterproof; such waterproofing shall extend six
inches or more above floors except at doors, so that floors can be flushed
or washed without leaking.
C.
Light and ventilation.
(1)
Kitchenettes, bathrooms and toilet rooms shall be provided
with artificial light appropriate for the use of such rooms.
(2)
Laundry rooms, furnace rooms and similar nonhabitable
space shall be provided with artificial light appropriate for the intended
use of such rooms.
(3)
Stairs shall be provided with artificial light to allow
safe ascent or descent.
(4)
Kitchenettes, bathrooms and toilet rooms shall be provided
with ventilation in accordance with either of the following:
(a)
Natural ventilation as required for habitable space,
except that such openable areas shall be not less than 1 1/2 square feet
for bathrooms or toilet rooms and not less than three square feet for kitchenettes;
or mechanical ventilation exhausting not less than 25 cubic feet per minute
for bathrooms and toilet rooms and not less than 100 cubic feet per minute
for kitchenettes.
(5)
Spaces in multiple dwellings which contain central heat-producing,
air-conditioning and other equipment shall be ventilated to the outer air,
and air from these spaces shall not be recirculated to other parts of the
building.
(6)
Ventilation shall be provided in unheated attics, spaces
below flat roofs and crawl spaces. Location and net areas of ventilation openings
shall be such as to minimize deterioration of structural members from condensation
or other causes, in conformity with generally accepted standards.
A.
Interior stairways. Interior stairways of every structure
used for human habitation shall be structurally sound and free from defects.
Railings shall be provided, securely fastened to structural members, maintained
to be capable of bearing normally imposed loads on the open portion of stairs,
balconies, landings and stairwells. Where interior stairways are enclosed
by walls on both sides, a handrail shall be affixed to one side wall for the
entire length of the stairs.
B.
Exterior stairs. Exterior stairways shall be structurally
sound and free from cracks and holes and capable of supporting normally imposed
loads. Railing shall be provided on the open portion of stairs, balconies,
platforms and landings. Where exterior stairs are enclosed by walls on both
sides, a handrail shall be affixed to one side wall for the entire length
of the stairs.
C.
Folding stairs. Folding or disappearing stairs may be
used only for access to attics or other nonhabitable space which is used for
storage purposes and are prohibited as a means of access to any area used
for habitation.
A.
Safe, continuous and unobstructed exits shall be provided
from the interior of the building to the exterior at street or grade level.
B.
Exits shall be arranged, constructed and proportioned
so that occupant may escape safely from the building in case of emergency.
C.
In one- and two-family dwellings, in addition to a primary
exit from the building, there shall be provided a secondary exit or, in lieu
thereof, one or more exit openings for emergency use.
D.
In multiple dwellings, approved exits shall be provided.
E.
All dwelling units or sleeping rooms in the third story
of any building shall have two means of egress. One of such means of egress
shall be an enclosed stairway leading directly to the exterior of such building
without additional entrances into such enclosed stairway; the other such means
of egress can be an approved fire escape.
A.
Strength. Building and parts thereof shall be maintained
so as to be capable of sustaining safely their own weight and the loads of
which they may be subject.
B.
Soil load. Buildings shall be maintained so that loads
are transmitted to the soil without undue differential settlement, unsafe
deformation or movement of the building or of any structural part.
C.
Protection. Buildings shall be maintained so that protection
is provided for all structural members which may become structurally unsound
if left unprotected. Causes of such deterioration include, among others, action
of freezing and thawing, dampness, corrosion, wetting and drying and termites
and other destructive insects.
D.
Water penetration. Buildings built in soil which is water-bearing
at any season of the year shall be maintained so that ground- and surface
water will not penetrate into habitable spaces or basements used as sleeping
rooms.
A.
Foundation walls. Foundation walls shall be maintained
so as to be structurally sound and to prevent entrance of moisture, termites
and vermin. Such protection shall consist of shoring, where necessary, subsoil
drains at footings, grouting of masonry cracks, waterproofing of walls and
joists and other suitable means.
B.
Exterior walls. Exterior walls and wall components shall
be maintained so as to prevent deterioration due to the elements and destructive
insects. Such maintenance shall consist of painting, installation or repair
of walls, copings and flashings, waterproofing of joints, waterproof coatings,
installation or repair of termite shields, poison treatment of soil or other
suitable means.
C.
Roofs. Roofing shall be maintained in watertight condition
so as to prevent leakage into the building. Such maintenance shall consist
of repairs of roofing, flashing, waterproof coatings or other suitable means.
A.
Crawl space. Crawl space shall be maintained free of
moisture, and the flow of air from such spaces into walls above shall be effectively
barred so as to prevent deterioration of structural members. Such provisions
shall consist of maintenance of openings in foundation walls to provide adequate
circulation of air in the crawl space, covering the ground in the crawl space
with a moisture barrier, installation of drains outside the structure if the
crawl space is below surrounding grade, blocking openings in stud walls to
prevent flow of air and moisture into walls, frequent destruction of termite
tubes from the soil to wood floor members above, poison treatment of soil
and other suitable means.
B.
Structural members. Structural members shall be maintained
so as to be structurally sound. Such protection shall consist of shoring,
reinforcement or repair, where necessary, frequent destruction of termite
tubes or other appropriate means.
C.
Chimneys and flues. Chimneys and flues shall be maintained
so as to be structurally sound and to prevent leakage of gases into the structure.
Such maintenance shall consist of clearing flue stoppages, scaling open joints,
repairing masonry, where necessary, and other suitable means.
D.
Ceilings and walls. Ceilings and walls shall be maintained
so that parts which become loose or defective do not constitute a hazard to
occupants. In addition, ceilings and walls shall be maintained free of holes.
Such maintenance shall consist of removing and replacing loose or defective
sections.
E.
Bathrooms. Toilet room and bathroom floors shall be maintained
so as to prevent leakage of water through the floor, under normal conditions
of use and floor washing, and resultant deterioration or defects in structural
members and ceilings below. Maintenance shall consist of repairs which effectively
provide the moisture- and waterproof qualities required for the particular
floor.
It is prohibited to accumulate or store on residential premises, except
in approved locations, any highly flammable or explosive matter, such as paints,
volatile oils, cleaning fluids and similar materials, or any combustible refuse
liable to spontaneous combustion, such as waste paper, boxes, rags or similar
materials; or to accumulate or store materials on fire escapes or stairs,
in stairways or passageways, at doors or windows, or in any other locations
where in the event of fire such materials may obstruct egress of occupants
or interfere with fire-fighting operations.
All residential premises shall conform to the applicable requirement
set forth in the Fire Prevention Code.
A.
Plumbing, heating, electrical, ventilating, air-conditioning,
refrigerating, cooking, fire-protection and radiation-production equipment,
elevators, dumbwaiters, escalators and other mechanical additions, installations
or systems for the use of the buildings shall be installed, located and maintained
so that under normal conditions of use such equipment and systems will not
be a danger to health or welfare, a danger because of structural defects or
a source of ignition or a radiation hazard, and will not create excessive
noise or otherwise become a nuisance. Equipment and systems include but are
not limited to apparatus, devices, fixtures, piping, pipe hangers, pipe covering,
wiring, fittings and materials used as part of, or in connection with, such
installations.
B.
Equipment and systems subject to damage from freezing
shall be adequately protected against freezing.
C.
Moving parts of equipment which may be a potential hazard
shall be guarded to protect against accidental contact.
A.
Plumbing systems shall be maintained in sanitary and
serviceable condition and shall be subject to the provisions set forth in
the Plumbing Code and regulations of the City of Batavia.
B.
Plumbing systems shall be maintained so as not to weaken
structural members nor cause damage or deterioration to any part of the building
through fixture usage.
A.
Potable water from an approved source shall be available
at all times in residential buildings. The domestic water supply system of
the building shall be connected to such approved source and shall not be subject
to contamination. When supplied from a public source, the potable water supply
system shall not be connected to private or unsafe water supplies.
B.
Water supply systems shall be installed and maintained
so as to provide at all times a supply of water to plumbing fixtures, devices
and appurtenances in sufficient volume and at pressures adequate to enable
them to function satisfactorily and without undue noise under all normal conditions
of use.
C.
Water supply systems shall be installed and maintained
so that water used for purposes of cooling or heating shall not be reintroduced
into the domestic water supply system nor be distributed through such equipment
to plumbing fixtures.
D.
Hot-water supply systems shall be provided with safety
devices arranged to relieve hazardous pressures and excessive temperatures.
A.
Plumbing fixtures shall be drained to a sewage drainage
system, and such system shall be connected to a public sewer or to an adequate
and approved system of sewage disposal.
B.
Substances which will clog the pipes, produce explosive
mixtures, destroy the pipes or their joints or interfere unduly with the sewage
disposal process shall not be discharged into the building drainage system,
unless it is provided with approved devices suitable for intercepting such
substances.
C.
Each fixture directly connected to the sewage drainage
system shall be equipped with a water seal trap.
D.
Adequate cleanouts shall be provided and maintained so
that the pipes may be readily cleaned.
E.
The drainage system and its attendant vent piping shall
be maintained so as to provide adequate circulation of air in all pipes in
order that siphonage, aspiration or pressure will not cause a loss of trap
seal under ordinary conditions of use.
F.
Each vent terminal to the outer air shall be installed
and maintained so as to minimize the possibilities of clogging, frost closure,
the return of foul air to the building or the creation of a nuisance to adjacent
premises.
G.
Drains provided for fixtures, devices, appliances or
apparatus containing food, water, sterile goods or similar materials shall
be equipped with air breaks adequate to prevent contamination of such contents
from any possible backup of sewage through the direct or indirect drainage
piping.
A.
Roofs and paved areas, including yards and courts, shall
be drained. Storm drainage shall be conveyed to an adequate and approved system
of stormwater disposal where available. Storm drains shall be discharged in
such manner that water will not flow onto sidewalks.
B.
Where a drainage system may be subject to backwater,
suitable provision shall be made to prevent its overflow into the building.
C.
Leaders and gutters, if used, shall be constructed of
noncombustible material, except that wood leaders and gutters may be used
for buildings not more than three stories high.
A.
Buildings and portions thereof shall be provided with
plumbing systems designed to dispose of sewage from all fixtures, and to furnish
cold water to every water closet and urinal and hot and cold water to every
sink, lavatory, bathtub and shower required therein. In multiple dwellings,
hot water shall be furnished at 130° F. temperature range.
B.
There shall be provided within each dwelling unit, plumbing
fixtures consisting of at least one kitchen sink, one water closet, one bathtub
or shower and one lavatory.
C.
Where multiple dwellings contain sleeping accommodations
arranged as individual rooms or suites, for each multiple of six sleeping
rooms or fraction thereof, there shall be provided plumbing fixtures consisting
of at least one water closet, one bathtub or shower and one lavatory.
D.
Where multiple dwellings contain sleeping accommodations
arranged as a dormitory, for each multiple of 15 persons or fraction thereof
so accommodated, there shall be provided and located adjacent thereto plumbing
fixtures consisting of at least one water closet, one bathtub or shower and
one lavatory.
E.
Urinals may be substituted in men's toilet rooms
for not more than 1/3 of the required number of water closets.
F.
Privies, privy vaults and outhouses are prohibited on
residential premises.
G.
Plumbing fixtures shall be made to meet the standards
of the Plumbing Code of the City of Batavia.
A.
Water supply used for filling or for cleaning of a swimming
pool shall be clean. Water supply shall be protected against potential pollution
from all sources, including cross-connection and backflow.
B.
Drains shall be provided so that the pool can be safely
and adequately drained. Drains shall be provided on floors surrounding the
swimming pool and arranged so that water from such areas will drain without
entering the pool.
C.
Filtering, sterilizing and auxiliary equipment, where
required, shall be adequate to maintain the sanitary quality of water during
each period the pool is in use. Equipment containing gases or disinfectants
capable of giving off irritating, toxic or flammable fumes shall be located
in ventilated rooms.
D.
The installation shall be arranged and maintained to
prevent dirt, sand or other foreign matter from entering the bathing area.
A.
Water supply tanks shall be installed and maintained
so as to be watertight, verminproof, rodentproof, resistant to corrosion and
capable of withstanding the working pressures under normal operation.
B.
Supports for tanks shall be of noncombustible construction.
C.
Tanks and their supports shall not be used to support
equipment or structures other than for tank use, except where specially designed
for such other use.
D.
Means for emptying water supply tanks shall be provided
and maintained in proper working condition.
E.
Potable water supply tanks for domestic supply and standpipe
or automatic sprinkler systems shall be installed and maintained to furnish
water in sufficient quantity and pressure for such systems.
A.
General requirements. Fuel gas piping systems shall be
installed and maintained so as to remain gastight, safe and operative under
conditions of use. Fuel gas piping systems shall provide a supply of gas sufficient
to meet the maximum expected demand of the installed gas-burning appliances
connected thereto.
B.
Shutoff valves. Gas piping systems shall have at least
one accessible means for shutting off all gas supply, and such means shall
be maintained in good operating condition. An easily accessible shutoff valve
or cock shall be provided in the piping in close proximity to and ahead of
every outlet for gas appliance.
C.
Service equipment for gas supplied from utility mains.
Gas services, gas meters and gas pressure regulators shall be located so that
they are protected from damage.
D.
Gas refrigerators and ranges. Gas refrigerators and ranges
shall be installed with clearance for ventilation and shall be maintained
in good operating condition.
E.
High-pressure gas. Any service connection supplying gas
at a pressure in excess of one pound per square inch gauge shall be provided
with a device to reduce such pressure to not more than 1/2 pound per square
inch gauge prior to entering the meter, except where such service supplies
equipment using gas at high pressures.
F.
Liquefied petroleum gas.
(1)
Undiluted liquefied petroleum gas in liquid form shall
not be conveyed through piping equipment and systems in buildings.
(2)
Liquefied petroleum gas shall not be vaporized by devices
utilizing open flame or open electrical coil.
(3)
Where two or more containers are installed, connection
shall be arranged so that containers can be replaced without shutting off
the flow of gas to equipment.
(4)
Containers shall be designed, stored and located so as
not to be a hazard to the premises served or to the surrounding property.
(5)
Systems shall be provided with safety devices to relieve
excessive pressures and shall be arranged so that the discharge terminates
at a safe location.
(6)
Systems shall have at least one accessible means for
shutting off the gas. Such means shall be located outside the building and
shall be maintained in good operating condition.
A.
General requirements.
(1)
Residential buildings intended for occupancy between
the first day of September and the first day of June of the following year
shall be provided with heating equipment designed to maintain a temperature
of not less than 70° F. at a distance of three feet and more from exterior
walls and at a level of five feet above the floor in habitable spaces, kitchenettes,
bathrooms and toilet rooms. The capability of the heating equipment to maintain
such indoor temperature shall be based on the average of the recorded annual
minimum outside temperatures for the locality.
(2)
In multiple dwellings, adequate heat shall be provided
to maintain the indoor temperature in habitable spaces, kitchenettes, bathrooms
and toilet rooms at 70° F. from 6:00 a.m. to 11:00 p.m. when the outside
temperature falls below 55° F.
B.
Smoke control. Fuel-burning heat-producing equipment
shall be installed and maintained so that the emission or discharge into the
atmosphere of smoke, dust, particles, odors or other products of combustion
will not create a nuisance or be detrimental to the health, comfort, safety
or property of any person.
C.
Warm-air heating. Ducts and other air-handling equipment
used for heating shall conform to the requirements of such equipment used
for ventilating purposes.
D.
Locations for heat-producing equipment. Fuel-burning
water heaters shall not be located in sleeping rooms, bathrooms or toilet
rooms.
E.
Fuel supply connection. Fuel-burning equipment shall
be permanently fastened and connected in place. Fuel supply connection to
such equipment shall be made with pipe or tubing of solid metal.
F.
Installation and clearance. Where heat-producing equipment
is installed on or adjacent to combustible materials, the location, insulation,
clearance and the control of the equipment shall be such that the temperature
on the surface of the combustible materials will not exceed a safe temperature.
G.
Air supply. Direct-fired heat-producing equipment and
the enclosure in which it is located shall be provided with a supply of air
adequate both for complete combustion at the rated gross output of the equipment
and for the ventilation of the enclosure to prevent the accumulation of heat.
Rooms containing fuel-burning equipment shall have such air supply provided
by means of one or more openings to exterior or by means of fixed openings
to interior spaces which open to the exterior.
H.
Removal of products of combustion.
(1)
Equipment for burning solid or liquid fuel shall be connected
to suitable chimneys or flues and shall not be connected to gas vents. Unvented
heaters burning liquid fuel shall be prohibited.
(2)
Fuel-burning space heaters located in sleeping rooms
or rooms normally kept closed shall be connected to a suitable chimney, flue
or gas vent.
(3)
Gas-fired equipment shall be connected to a suitable
chimney, flue or gas vent when the discharge of products of combustion into
the space where the equipment is installed would be a hazard.
I.
Safety devices. Equipment capable of developing hazardous
pressures or temperatures shall be provided with means to relieve safely such
pressures and temperatures. Controls for the safe operation of automatically
operated heat-producing equipment shall be provided to function as follows:
When failure or interruption of flame or ignition occurs, the fuel supply
shall be cut off. When a predetermined temperature or pressure is exceeded,
the input of additional heat shall be pressured or reduced to a safe rate.
When the water level in a steam boiler drops below a predetermined level,
the fuel supply shall be cut off. When failure or interruption of pilot light
or main burner of liquefied petroleum gas equipment occurs, the fuel supply
to each pilot light and main burner shall be cut off.
J.
Heating of garages. Fuel-burning equipment for garages
servicing multiple dwellings shall be located in heater rooms, except that
equipment burning gas or liquid fuel, located in the vehicle storage space,
shall be permitted in stories at or above grade where elevated so as not to
be exposed to possible accumulation of flammable gases.
A.
Chimneys, flues, gas vents and their supports shall be
installed and maintained so as to be structurally safe, durable, smoketight,
noncombustible and capable of withstanding the action of flue gases without
softening, cracking, corroding or spalling.
B.
Such facilities shall effectively convey the products
of combustion to the outer air.
C.
Masonry chimneys, except approved prefabricated chimneys,
shall have noncombustible foundations.
D.
Flue linings shall be capable of withstanding the action
of flue gas without softening, cracking, corroding or spalling at the temperature
to which they will be subjected.
E.
Openings for smoke pipes or gas vent connections shall
be provided with means for easy connection without restriction of flue.
F.
No flue shall have smoke pipe or gas vent connections
in more than one story of a building.
G.
Fuel-burning equipment and fireplaces located in different
tenancies shall not be connected to the same flue.
H.
Chimneys, flues and gas vents shall be installed and
maintained so that under conditions of use, the temperature of any combustible
material adjacent thereto, insulated therefrom or in contact therewith, does
not exceed a safe temperature.
I.
A chimney or flue connected to an incinerator and a chimney
or flue which may emit sparks shall be provided with a spark arrester of noncombustible
construction. Spark arresters shall have sufficient total clear area to permit
unrestricted passage of flue gases. Openings in spark arresters shall be of
such size as to prevent passage of embers and to minimize clogging by soot.
A.
Incinerators shall be of adequate capacity for the intended
use.
B.
Flue-fed incinerators shall be equipped with means for
burning auxiliary fuel in sufficient quantity to assure complete combustion
or refuse.
C.
A flue serving an incinerator shall be provided with
a substantially constructed spark arrester.
D.
Incinerators shall be connected to a suitable noncombustible
chimney, smokestack or flue.
E.
Connections to incinerators shall provide free passage
of refuse without clogging.
F.
Service openings to incinerators shall be readily accessible
to the building occupants.
G.
Durable signs with plainly legible letters prohibiting
disposal of highly flammable substances in incinerators shall be provided
near service openings.
A.
Electrical wiring and equipment shall be installed in
conformity with generally accepted standards and maintained so as not to be
a potential source of ignition of combustible material or a potential source
of electrical hazard.
B.
Electrical wiring and equipment shall be firmly secured
to the surface on which it is mounted.
C.
Electrical wiring and equipment installed in damp or
wet locations, or when exposed to explosive or flammable gases, or to excessive
temperatures, shall be a type approved for the purpose and location.
D.
Electrical wiring and equipment shall be protected against
excessive current by properly rated over-current devices.
E.
Electrical wiring and equipment shall be grounded or
otherwise protected by insulation, isolation or guarding so as to minimize
the danger of high voltages from lightning or other causes.
F.
Electrical equipment which in ordinary operation produces
arcs or sparks shall be enclosed unless separated and isolated from all combustible
material.
G.
Service equipment and overcurrent protection devices
shall be installed and maintained in a readily accessible location.
H.
Every habitable room shall have one electrical light
fixture or, in lieu thereof, one convenience outlet and at least one additional
convenience outlet if the floor area does not exceed 120 square feet; for
each additional 100 square feet of area or fraction thereof, one additional
convenience outlet is required.
I.
A convenience outlet is required in every laundry room.
J.
The use of extension cords in place of permanent wiring,
or for running from room to room, is prohibited.
K.
The use of surface-mounted convenience outlets supplied
by extension cords is prohibited.
L.
Every kitchen or kitchenette shall have one convenience
outlet for a refrigerator and at least one additional convenience outlet in
kitchen or kitchenette. If said kitchen is over 120 square feet in area, one
additional convenience outlet is required for each 100 square feet of area
or fraction thereof.
A.
Residential buildings and occupancies shall be wired
for electricity, and lighting equipment shall be installed throughout to provide
adequate illumination for the intended use of each space. Electric wiring
system shall be connected to an adequate source of supply.
B.
There shall be a switch or other means for controlling
a light in each dwelling unit near the point of entrance to such unit.
A.
Each dwelling unit shall be provided with appropriate
connections for cooking and refrigeration equipment.
B.
Cooking and refrigeration equipment shall be maintained
in good operating condition.
C.
Gas-burning cooking equipment shall be permanently fastened
and connected in place. Gas supply connection to such equipment shall be made
with pipe or tubing of solid metal.
D.
Solid-fuel-burning cooking equipment shall be appropriately
vented.
Communal kitchens and dining rooms shall comply with the following requirements:
A.
Communal kitchens shall contain: at least one kitchen
sink; at least one kitchen gas or electric stove equipped with an oven and
not less than four top burners; at least one electric- or gas-type refrigerator
with adequate food storage capacity, but in no case less than eight cubic
feet nominal size. Dining space and eating facilities where provided in the
kitchen area shall comply with the requirements for communal dining rooms.
B.
Communal dining rooms shall contain at least one dining
chair and two lineal feet of dining space for each occupant permitted in a
dining room at any particular time.
In one- and two-family dwellings, exhaust air from a dwelling unit shall
not be circulated to another dwelling unit. Air-conditioning and ventilating
ducts shall be securely fastened in place and appropriately fire-stopped.
The following regulations apply to air-conditioning and mechanical ventilation
systems in multiple dwellings.
B.
Ventilating systems.
(1)
Ventilating systems shall be installed and maintained
so that the rapid spread of heat, flame or smoke through the system will be
prevented, and so that under conditions of use, the temperature of any combustible
material adjacent thereto, or in contact therewith, will not exceed a safe
temperature.
(2)
Stairways, passageways, exits, shafts, hoistways, or
attics shall not be used as plenum chambers.
(3)
Ducts shall be securely fastened in place and appropriately
fire-stopped.
(4)
Ducts and other air-handling equipment shall be of noncombustible
material.
(5)
Filters shall be installed and maintained so as not to
constitute a fire or smoke hazard.
(6)
Ducts passing through or located within combustible construction
shall be separated from such construction by a clearance of at least 1/2 inch
or by a noncombustible insulating material at least 1/4 inch thick.
(7)
Air required for ventilation shall be taken from the
exterior or shall be quality-controlled.
(8)
Exhaust air from a dwelling unit or a space whose contents
may emit odors, fumes or vapors shall not be circulated to other occupied
spaces within the building.
C.
Air intake and exhaust openings.
(1)
Air intake and exhaust openings shall be installed, located
and maintained so as not to constitute a hazard or nuisance and so as to prevent
the possibility of fire, smoke, fumes or foreign matter being drawn into the
system.
(2)
Ventilating systems shall be provided with adequate openings
for incoming and outgoing air to obtain the required circulation. Intake openings
shall provide air from an uncontaminated source.
(3)
Where openings for mechanical exhaust are located in
spaces that also contain fuel-burning equipment, there shall be provided fixed
intake openings from the exterior to supply sufficient air so that the fuel-burning
equipment is not adversely affected.
(4)
Exhaust openings shall be located so that the exhaust
air will not create a nuisance.
D.
Ventilation requirements.
(1)
Enclosures or spaces where heat, gases, vapors or odors
may accumulate and become a potential source of hazard or nuisance shall be
provided with adequate means of ventilation to remove such excess.
(2)
Public spaces shall be provided with means for obtaining
air supply for the maximum number of persons for which such spaces are designed.
E.
Safety controls.
(1)
Manually operated controls shall be provided to stop
the operation of all central fan equipment. Such controls shall be conspicuously
identified and be in readily accessible locations outside the fan room.
(2)
Every system using recirculated air and serving an assembly
space or more than one fire area or more than one story of a building shall
be provided with controls arranged so that under abnormal rise in temperature
of the air in the system, the fans causing normal circulation shall stop and
require manual restart.
(3)
Every system for ventilating an assembly space shall
be provided with an emergency switch conveniently located and with a durable
sign giving instructions for shutting down the system in case of fire.
A.
General requirements. Fuel oil shall be received, stored
and conveyed by means of fixed liquidtight equipment.
B.
Storage tanks. Fuel oil storage tanks shall be provided
with means for venting. Tanks shall be installed and maintained so as not
to be a hazard to the premises served or the surrounding property.
C.
Remote control of oil flow. Automatically operated boilers
and furnaces using fuel oil shall be provided with remote control to stop
the flow of oil during fire or other emergency.
D.
Piping. Filling, emptying and venting of tanks shall
be by means of fixed piping. Pipes to underground tanks shall be pitched toward
tanks. Terminals of fill and vent pipes shall be located outside buildings
at a safe distance from building openings.
A.
Fire alarm systems. Required fire alarm systems in multiple
dwellings shall be maintained in proper operating conditions at all times.
B.
Sprinkler equipment. Required sprinkler equipment in
multiple dwellings shall be maintained in proper operating condition at all
times. Storage of materials shall cause minimum interference to effective
discharge of water. Valves controlling water supply to sprinklers shall be
secure in the open position. Sprinkler heads shall be maintained free of corrosion
and paint.
C.
Standpipe systems. Standpipe systems in multiple dwellings
shall be maintained in proper operating condition at all times. Gate valves
at hose stations shall be maintained tight against leaks. Hose shall be in
proper position ready for operations dry and free of deterioration.
D.
Portable extinguishers. Each oil burner in a multiple
dwelling for boiler, furnace or central hot water heater shall be provided
with an approved hand fire extinguisher or two rounded-bottom pails filled
with sand. Portable extinguishers required for fire protection shall be in
their designated locations and in a condition which will permit efficient
operation without delay.
A.
Elevators, dumbwaiters and escalators shall be maintained
so as to be free from physical and fire hazards.
B.
Elevators and power-operated dumbwaiter cars shall be
provided with durable signs in conspicuous locations on which the rated capacity
shall be indicated.
C.
Elevator cars shall be provided with approved means for
transmitting a signal outside the hoistway in case of emergency.
D.
Hoistways and pits shall be maintained free of refuse.
E.
Machine rooms shall be maintained free of oil and grease
and shall not be used for storage of articles or materials unnecessary for
the maintenance of the elevator or dumbwaiter. Flammable liquids shall not
be kept in such rooms.
F.
No person shall at any time make any required safety
device or electric protective device inoperative, except where necessary during
tests, inspections or maintenance.
All accessory structures shall be maintained in conformity with any
or all regulations of this chapter which are applicable.
All garages, attached or detached, all barns, sheds, toolhouses, workshops,
hothouses, greenhouses or any other outbuilding shall be maintained in a safe
and sound structural condition.
A.
Porches, open or closed, shall be maintained in a safe
condition on firm foundations with solid framing and with floors free of openings
larger than 1/2 inch. Posts and railings must be in good condition, well secured,
reasonably plumb or level. Supporting and framing members of the roof shall
be sound and of dimension to carry the load normally imposed. Roofing material
shall be maintained to be free of leaks at any location, including flashing
against the building. Porch steps shall be firm, free of large cracks or loose
members.
B.
Roof of breezeways shall be firmly supported by or secured
to the buildings which are connected by the roof and shall be maintained to
be free of any physical hazard.
C.
Roof covers over terraces, patios or carports may be
of either combustible or noncombustible material. Supports and framing members
shall be sound, of adequate dimension and firmly secured. The roof covering
material shall be maintained to shed water and to be free of any physical
hazard.
D.
Metal or other permanent-type awnings over doors, entrances
or windows shall be well secured in place and maintained in a safe condition
so as to prevent any physical hazard.
Residential premises shall be maintained in conformity with the provisions
of this chapter so as to assure the desirable residential character of the
property and be free of conditions which might create a health, accident or
fire hazard.
A.
Surface drainage. The ground surrounding the structure
shall, when practical, be graded away from the building and foundation. Conductors
or drain pipes, where used, shall function properly. Stormwater shall be properly
drained to prevent recurrent or excess ponding or the entrance of water into
any basement or cellar.
B.
Hazards. Exterior property areas shall be reasonably
free from holes and excavations, sharp protrusions and other objects or conditions
which might a potential cause of personal injury.
C.
Walks and steps. Walks, steps and driveways that contain
holes or tripping hazards shall be filled, repaired or replaced as the need
indicates.
D.
Wells and cisterns. Open wells, cesspools or cisterns
shall be securely closed.
E.
Fences. Fences and other minor constructions shall be
maintained in safe and substantial condition.
A.
Painting. All exterior wood surfaces of a structure that
are not inherently resistant to decay and deterioration shall be periodically
treated with a protective coating of paint or other suitable preservation.
B.
Weatherproofing. Exterior walls, roofs and all openings
around doors, windows, chimneys and all other parts of the structure shall
be maintained so as to keep water from entering the structure.
C.
Loose objects. Walls, roofs and all other parts of the
structure shall be free from loose and unsecured objects and materials. Such
objects shall be removed or repaired.
D.
Fire damage and catastrophe.
(1)
Whenever any dwelling, dwelling unit, rooming house,
lodging house, lodging or accessory structure shall have been damaged by fire,
wind, collision or impact or other cause to such extent as to make such dwelling,
dwelling unit, rooming or lodging house, lodging or accessory structure unfit
for human occupation, the owner of the affected property shall make such repair,
replacement, alteration or modification as may be determined by the Housing
Inspector to secure compliance with the standards of this chapter.
(2)
If the total damage is in excess of 20% of the value of the damaged structure prior to the catastrophe, all repair, replacement, alteration or modification shall be done only after issuance of a proper building permit and in compliance with Chapter 210, Zoning, of the Code of the Village of LeRoy and the New York State Building Construction Code.[1]
[1]
Editor's Note: The New York State Building Construction Code
was superseded by the New York State Uniform Fire Prevention and Building
Code, effective 1-1-1984. See Art. 18 of the Executive Law.
(3)
If it is the intent of the owner to demolish a damaged
structure, he shall secure the necessary permit to do so from the Building
Inspector and comply with all rules and regulations of the city and the Labor
Department of the State of New York as applicable to demolition.
(4)
There shall be no abandonment of buildings damaged by
fire, wind, collision or other catastrophe. Regardless of other provisions
of this chapter, repair or replacement of fire damage or other catastrophe
damage must be accomplished within six months following the date of the catastrophe,
thereby restoring the building to habitable condition, or the building must
be demolished. This provision applies also to existing structures.
Insects, rodents and vermin. Grounds, buildings and structures shall
be maintained free of insect, vermin and rodent harborage and infestation.
Where a rodent and vermin problem exists, all exterior windows, doors and
other openings from two feet above ground to two feet below ground shall be
screened or protected with acceptable wire mesh or other approved materials.
Defects, cracks or holes shall be tightly sealed to prevent the entrance of
vermin and rodents.
Adequate sanitary containers and facilities shall be used for the storage
and handling of garbage and refuse. The interior of every structure used for
human habitation shall be maintained free from rubbish and garbage that might
become a health, accident or fire hazard. Exterior property areas shall be
kept clean at all times. Materials of an inflammable nature shall be safely
stored. In multiple dwellings, it shall be prohibited to store or accumulate
garbage or refuse in public halls, stairways and on fire escapes. Collection
and disposal of garbage and refuse shall be done in accordance with applicable
regulations of the Village of LeRoy.[1]
A.
Owners of premises shall be responsible for compliance
with this chapter and shall remain responsible therefor, regardless of the
fact that this chapter may also place certain responsibilities on operators
and occupants, and regardless of any agreement between owners and operators
or occupants as to which party shall assume such responsibility.
B.
Owners of premises shall be responsible for proper maintenance,
condition and operation of service facilities, and for furnishing adequate
heat and hot water supply in multiple dwellings.
Occupants of dwelling unit shall be responsible for compliance with
this chapter in regard to the following:
A.
Limiting occupancy of that part of the premises which
he occupies or controls to the maximum permitted by this chapter.
B.
Maintenance of that part of the premises which he occupies
or controls in a clean, sanitary and safe condition.
C.
Maintenance of all plumbing, cooking and refrigeration
fixtures and appliances, as well as other building equipment and storage facilities
in that part of the premises which he occupies or controls, in a clean and
sanitary condition and providing reasonable care in the operation and use
thereof.
D.
Keeping exits from his dwelling unit clear and unencumbered.
E.
Disposal of garbage and refuse into provided facilities
in a clean and sanitary manner.
F.
Extermination of insects, rodents or other pests within
his dwelling unit if his unit is the only one infested in the premises.
G.
Keeping his domestic animals and pets in an appropriate
manner and under control.
Lodging house operators shall be responsible for compliance with this
chapter in regards to the following:
A.
Limiting occupancy to the maximum permitted by this chapter.
B.
Maintenance of safe and sanitary conditions in all parts
of lodging house premises.
C.
Maintenance and operation of all required service facilities.
D.
Maintenance of all plumbing, cooking and refrigeration
fixtures and appliances within his control, as well as other building equipment
and facilities, in an operative, clean and sanitary condition.
E.
Sanitary maintenance of walls, floors and ceilings.
F.
Keeping exits clear and unencumbered.
G.
Disposal of building garbage and refuse in a clean and
sanitary manner.
H.
Extermination of insects, rodents or other pests on the
premises.
The Housing Inspector is authorized to make surveys in any area of the
city to determine the general condition of structures used for human habitation,
the extent of deterioration, lack of facilities and maintenance, unsafe and
unsanitary conditions, the extent of overcrowding, land use and other relevant
factors.
A.
The Housing Inspector shall be authorized to make or
cause to be made, inspections to determine the condition of dwellings, dwelling
units, rooming houses, rooming units and premises in order to safeguard the
health, safety, morals and welfare of the public. The Housing Inspector, or
his designated representatives, may enter any dwelling, dwelling unit, rooming
house, rooming unit or premises at any reasonable time during business hours
or at such other time as may be necessary in an emergency for the purpose
of performing his duties under this chapter. Inspections herein authorized
shall be limited to the provisions of this chapter.
B.
Authorization to enter premises may be grounded on any
of the following reasons:
(1)
A proper determination of probable cause that conditions
not conforming to this chapter exist in a particular building.
(2)
An official determination that there shall be a blanket
inspection of all buildings subject to this chapter in a defined area.
(3)
An official determination that inspections be made as
a part of a routine spot check.
A.
The owner, operator, agent or occupant of every dwelling, dwelling unit, rooming house, rooming unit or premises shall give personnel authorized in § 128-57 access to such dwelling, dwelling unit, rooming house, rooming unit and premises, for the purpose of such inspections, at any reasonable time during business hours or at such other times as may be necessary in an emergency.
B.
The Housing Inspector and his designated representative
shall be supplied with official identification and shall exhibit such identification
when entering any dwelling, dwelling unit, rooming unit or premises.
Whenever the Housing Inspector determines that there has been a violation, or that there are reasonable grounds to believe that there has been a violation, of any provision of this chapter or any rule or regulation adopted pursuant thereto, he shall give notice of such violation or alleged violation to the person or persons responsible for such violation. Such notice shall be in writing and shall specify the alleged violation and shall provide a reasonable time, not less than 10 days, for compliance and shall be served upon the owner, operator, agent and occupant. Such notice shall be deemed to be properly served upon such of the aforementioned persons if a copy is served upon such person personally; or if a copy thereof is sent by registered mail, return receipt requested, to the last known address of such person; or if a copy is posted in a conspicuous place in or about the building affected by the notice, and if a copy is mailed by registered mail to the aforesaid person or persons; or by such other method authorized by the laws of the State of New York. Such notice shall inform the person to whom it is directed of his right to apply for a hearing before the Minimum Standards Appeals Board as provided in § 128-70. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
Whenever it is determined that the condition of a dwelling, dwelling unit, rooming house, rooming unit or premises is in violation of any applicable code, the correction or control of which condition is provided for by this chapter or the correction or control of which is provided for by a higher standard if any other law, code, ordinance or regulations, the correction or control of such condition or violation shall be governed by that law, code, ordinance or regulation which establishes the higher standard as provided in § 128-4.
Whenever the Housing Inspector, at any stage of the proceedings instituted under the provisions of this chapter, finds that a violation of this chapter exists which, in his opinion, requires immediate action to abate a direct hazards, or immediate danger to the health, safety, morals and welfare of the occupants of a building or of the public, he may, without prior notice or hearing, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger immediately. Such order may include an order to vacate as provided in § 128-71C if not remedied immediately.
Whenever any violation of this chapter, which in the opinion of the Housing Inspector causes a direct hazard or immediate danger to the health, safety, morals or welfare of the occupants of a building or the public, has not been corrected in the time specified by the order issued under § 128-62, the Housing Inspector may take such direct action as is necessary to abate the hazard or danger. Expenses incurred in the execution of such orders shall be recovered as provided in § 128-71J.
Any owner of a building receiving a notice of violation stating that
such building does not comply with the provisions of this chapter may demolish
such building, and such action shall be deemed compliance. On demolition,
all utilities shall be properly disconnected by the owner, operator, agent
or occupant.
At the end of the period specified in the notice of violation or any extension thereof, it shall be the duty of the Housing Inspector to make, or cause to be made, a reinspection of the dwelling, dwelling unit, rooming house, rooming unit or premises, and, if compliance has not been established, appropriate legal action shall be instituted as specified in § 128-73, provided that additional notices of violation are not required.
The Housing Inspector may extend the compliance time specified in any
notice of order issued under the provisions of this chapter where there is
evidence of intent to comply within the period specified, provided that reasonable
conditions exist which prevent immediate compliance.
Whenever a notice or order has been issued for any infraction of this
chapter, the Housing Inspector may file a copy of such notice or order in
the office of the County Clerk. Such recording shall constitute appropriate
information of such notice or order to any subsequent purchaser, transferee,
grantee, mortgagee or lessee of the property affected thereby.
No owner of any dwelling, dwelling unit, rooming house, rooming unit
or premises upon whom any notice or order pursuant to this chapter has been
served shall sell, transfer, grant, mortgage, lease, or otherwise dispose
thereof, such property to another until compliance with the provisions of
such notice or order has been secured, or until such owner shall furnish to
the purchaser, transferee, grantee, mortgagee or lessee, prior to such sale,
transfer, grant, mortgage or lease, a true copy of such notice or order and
at the same time give adequate notification to the Housing Inspector of his
intent to sell, transfer, grant, mortgage or lease and supply the name and
address of such person or persons to whom the sale, transfer, grant, mortgage
or lease is proposed. A purchaser, transferee, grantee, mortgagee or lessee
who has been informed of the existence of any notice or order issued pursuant
to this chapter shall be bound thereby and shall be required to comply with
all previous notices and orders issued pursuant to this chapter and shall
be subject to all the provisions and penalties contained in this chapter.
All records of the Housing Inspector relative to violations shall be
public. Upon requests, the Housing Inspector shall be required to make a search
and issue a certificate of any of his records and shall have the power to
charge and collect a fee of $2 for such searches or certificates, which fee
shall be deposited in the general funds of the city.
A.
Request for hearing. Any person affected by any notice
of violation or order issued in connection with the enforcement of any provision
of this chapter, or of any rule or regulation adopted pursuant thereto, may
request and shall be granted a hearing before the Minimum Standards Appeal
Board, provided that such person shall file in the office of the Housing Inspector,
a written request for such hearing, setting forth a brief statement of the
grounds therefor, designating the person of his address upon whom orders may
be served, and setting forth the reasons why such notice of violation or order
should be modified or withdrawn. If this request is filed within 10 days after
the service of notice of violation or order, compliance with such notice shall
not be required while the bearing is pending, except in emergencies or as
otherwise provided.
B.
Hearing. Except in emergencies, upon receipt of a request
for a hearing as provided in this section, the Minimum Standards Appeals Board
shall set a time and place for such hearing and shall give the applicant at
least 10 days' written notice thereof. Such hearing shall commence not
later than 60 days after the date on which the request was filed; however,
hearings may be postponed beyond such 60 days for good and sufficient reason.
At such hearing the applicant or his representative shall be given an opportunity
to show cause why such notice of violation or order should be modified or
withdrawn.
C.
Finding of hearing. After a hearing held in accordance with this section and on consideration of the evidence presented, the Minimum Standards Appeals Board shall sustain, modify or withdraw the notice. If the notice of violation or order is sustained or modified, such decision shall be deemed a final order and shall be served as provided in § 128-59 on the person or persons whom the Minimum Standards Appeals Board shall find to be responsible for the violation. Where there are practical difficulties or unreasonable hardships in the literal enforcement of the provisions of this chapter, the Minimum Standards Appeals Board shall have the power to authorize a variance from the provision of this chapter, provided that the intent of this chapter shall be observed with respect to the safeguarding of the public health, safety, morals and welfare.
D.
Record of hearing. The Minimum Standards Appeals Board
shall keep a summary of testimony and a copy of every relevant notice or order,
the request for a hearing, entries of appearance, findings of fact, if any,
and the final determination, and such record shall be maintained as a public
record.[1]
A.
Designation. Any dwelling unit, dwelling, rooming house
or rooming unit having any of the following defects may be designated by the
Housing Inspector as unfit for human habitation and may be so placarded:
(1)
The structure lacks illumination, ventilation, sanitation,
heat or other facilities adequate to protect the health and safety of the
occupants or the public.
(2)
The structure is damaged, decayed, dilapidated, unsanitary,
unsafe or vermin-infested in such a manner as to create a serious hazard to
the health and safety of the occupants of the public.
(3)
The structure, because of the location, general conditions,
state of the premises or number of occupants, is so unsanitary, unsafe, overcrowded
or otherwise detrimental to health and safety that it creates a serious hazard
to the occupants or the public.
(4)
The structure, because of the failure of the owner or
occupant to comply with such notice or orders issued pursuant to this chapter,
is unfit for human habitation.
(5)
The Housing Inspector shall determine whether or not
a dwelling, dwelling unit, lodging house or lodging unit, in whole or in part,
has been made unfit for human habitation by catastrophe of fire, wind damage,
lightening, impact from falling object of any nature, impact of vehicles or
damage from any cause whatsoever.
B.
Notice of intent to vacate. Whenever the Housing Inspector determines that a dwelling, dwelling unit, rooming house or rooming unit is unfit for human habitation as provided in this section, he shall include such finding within the notice of violation provided for in § 128-59, and he shall also include a statement of his intent to vacate and placard the dwelling, dwelling unit, rooming house or rooming unit if compliance with the provisions of the notice of violation has not been secured.
C.
Order to vacate. Whenever a notice of violation as provided in Subsection B has not been complied with or where § 128-70A has not been invoked, the Housing Inspector may order the dwelling, dwelling unit, rooming house or rooming unit to be vacated. A copy of such notice to vacate shall be served on the owner, agent, operator and the occupant, as provided in § 128-59.
D.
Vacation of unfit dwellings. Any dwelling, dwelling unit,
rooming house or rooming unit, designated as unfit for human habitation pursuant
to this section and ordered vacated, shall be vacated within such reasonable
time as the Housing Inspector may specify in the order. No such dwelling,
dwelling unit, rooming house or rooming unit shall again be used for human
habitation and the placard removed until written approval is secured from
the Housing Inspector.
E.
Removal of placard. No person shall deface or remove the placard from any dwelling, dwelling unit, rooming house or rooming unit which has been designated as unfit for human habitation, except as provided in Subsection D.
F.
Vacated dwelling made secure. The owner, agent or operator
of any dwelling, dwelling unit, rooming house or rooming unit which has been
designated as unfit for human habitation and vacated shall make such dwelling,
dwelling unit, rooming house or rooming unit safe and secure in whatever manner
the Housing Inspector shall deem necessary. Any vacant building open at the
doors and windows, if unguarded, shall be deemed dangerous to life and a nuisance
within the meaning of this provision.
G.
Notice of intent to demolish. Whenever the Housing Inspector designates a dwelling or rooming house unfit for human habitation, as provided in this chapter, and determines that the cost necessary to correct the violation is not reasonably related to the value of the building, he shall include within the notice of violation, provided for in § 128-59, a statement of his intent to order the demolition of the structure. A copy of such notice shall be served on the owner, occupant, lessee and mortgagee, as provided in § 128-59. The owner may demolish such structure, as provided in § 128-64, or correct the violation, regardless of cost, provided that the requirements of the building code in effect at the time of attempted compliance are satisfied.
H.
Order to demolish. Whenever a notice of violation as provided in such Subsection G has not been complied with, the Housing Inspector may order the building demolished. Such order shall be served as provided in § 128-59, and demolition shall be completed within the time specified by the Housing Inspector.
I.
Housing Inspector to make repairs or demolish. Whenever a notice of order to remove a violation, secure, vacate or demolish a building has not been complied with and when such failure to comply is deemed by the Housing Inspector to constitute a nuisance, he may proceed to cause the structure to be demolished, repaired, altered, secured, vacated or take such other action as is necessary abate the nuisance. Whenever the Housing Inspector determines that such nuisance exists, he shall record sufficient proof to support such determination, and the owner, occupant, lessee and mortgagee shall be notified of such finding pursuant to § 128-59. Abatement authorized by this section shall not commence until at least 10 days after service of such notice.
J.
Recovery of expenses. The expenses incurred pursuant to § 128-63 and Subsection I of this section shall be paid by the owner or occupant of the premises, or by the person who caused or maintained such nuisance or other matter. The Housing Inspector shall file among his records an affidavit stating with fairness and accuracy, the items of expense, and that each said item was necessary, and the cost thereof does not exceed the current hourly rate of wages for the action, and the date of execution of actions authorized by § 128-11.63 or Subsection I of this section. The Housing Inspector may cause such expenses to be charged against the property as a lien. A notice of such lien shall be mailed to or served upon the owner, operator, agent and occupant claimed liable to pay the same, and a similar copy may be filed in the office of the Village Treasurer and the Bureau of Assessments of the Village of LeRoy and, upon such filing, shall be a lien on the property to the same extent as village taxes and shall be included in the general village tax roll and enforced in the same manner as other village taxes.
The Housing Inspector is authorized to make and adopt such written rules
and regulations as may be necessary or the proper enforcement and interpretation
of this chapter and to secure the intent thereof.
Any person violating or resisting the enforcement of any provision of
this chapter shall be punishable by a fine of not more than $25 or by imprisonment
for not more than five days or both. Each day that such violation continues
shall constitute a separate offense. The term "person" as used in this section
shall include the owner, occupant, mortgagee or vendee in possession, assignee
of rents, receiver, executor, trustee, lessee, agent or any other person directly
or indirectly in control of a building or part thereof. In addition to other
remedies, the Village of LeRoy may institute appropriate action to restrain,
prevent, enjoin, abate, correct or remove any violation and to take such other
legal action as is necessary to carry out the terms and provisions of this
chapter. The remedies provided for herein shall be cumulative and exclusive
and shall be in addition to any other remedies provided by law, and all remedies
may be pursued concurrently or consecutively, and the pursuit of any remedy
shall not be construed as an election or the waiver of the right to pursue
any and all of the others.
Any person aggrieved by any final order or decision of the Minimum Standards
Appeals Board may seek to have such order reviewed by the Supreme Court in
the manner prescribed by Article 78 of the Civil Practice Law and Rules and
as otherwise provided for in the laws of the State of New York.
A.
A Minimum Standards Appeal Board is hereby established. It shall be the duty of such Board to conduct hearings in accordance with the procedure set forth in § 128-70.
B.
The Board shall consist of five members appointed by
the Village Board; members shall serve without pay. Of the members first appointed,
one member shall serve for a term of one year; two for a term of two years;
two for a term of three years. Thereafter the term of office shall be for
three years. A member shall continue to hold office until his successor is
appointed and has qualified. A majority of the members shall constitute a
quorum. Appointments of successors shall be for a full term of three years,
except that the appointment of a person to fill a vacancy of any unexpired
term of any members shall be filled for such unexpired term only.
C.
The Minimum Standards Appeal Board shall choose its own
Chairman, and in his absence an Acting Chairman, and shall adopt its own rules
of procedure. All meetings of the Board shall be held at the call of the Chairman
and at such other times as the Board shall determine.
D.
The Chairman or, in his absence, the Acting Chairman
may administer oaths and compel the attendance of witnesses.
E.
All meetings of the Minimum Standards Appeal Board shall
be open to the public; provided, however, that the Chairman, upon the request
of the petitioner, may declare the meeting closed to the public during the
testimony and examination of the petitioner. Upon the completion of petitioner's
testimony and examination, the Chairman shall reopen the meeting. After all
parties and owners of affected property who have appeared have been heard,
the Board may conduct its deliberations in executive session.
F.
The concurring vote of three members of the Minimum Standard
Appeal Board shall be necessary to decide in favor of the applicant any matter
upon which said Board is required to pass under the provisions of this chapter.
G.
No application or appeal, even for a variance or special
exception, shall be submitted directly to the Minimum Standards Appeal Board;
every application or appeal shall be submitted first to the appropriate office,
department, board or bureau of the village.
The position of Housing Inspector is hereby created in the Department
of Public Works.
